EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0548*
SENATE BILL 548
J1 2lr1956
CF HB 609
By: Senators Lam, Beidle, Feldman, Hettleman, Kelley, Sydnor, Washington, and
Young
Introduced and read first time: January 31, 2022
Assigned to: Education, Health, and Environmental Affairs
Reassigned: Finance, February 4, 2022
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: March 8, 2022
CHAPTER ______
AN ACT concerning 1
Local Health Officers – Removal – Grounds and Process 2
FOR the purpose of repealing a provision of law providing that a health officer serves at 3
the pleasure of the Secretary of Health and the governing body of the county; 4
establishing the reasons for which a health officer may be removed from office and 5
notice and hearing requirements related to a removal of a health officer from office; 6
prohibiting a health officer who appeals a certain decision of the Secretary from 7
carrying out the duties of health officer while the appeal is pending; and generally 8
relating to the removal of health officers. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 3–302 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2021 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – State Personnel and Pensions 16
Section 11–305 17
Annotated Code of Maryland 18
(2015 Replacement Volume and 2021 Supplement) 19
2 SENATE BILL 548
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
3–302. 4
(a) The health officer for a county shall be nominated by the county and appointed 5
by the Secretary. 6
(b) (1) The governing body of each county shall establish, by ordinance or 7
resolution, the process by which the county nominates an individual for health officer. 8
(2) If a vacancy occurs in the position of health officer for a county, the 9
governing body shall establish a process, in consultation with the Department, for making 10
a recommendation to the Secretary for the appointment of a health officer. 11
(3) The process established under paragraph (2) of this subsection shall 12
include the requirements for recruiting, interviewing, and recommending applicants for the 13
position of health officer. 14
(c) (1) If the Secretary finds that a nominee meets the qualifications of this 15
section, the Secretary shall appoint the nominee as health officer. 16
(2) If the Secretary finds that the nominee does not meet the qualifications 17
of this section, the Secretary shall reject the nomination, and the county shall provide the 18
Secretary with another nomination. 19
(d) Each health officer: 20
(1) Shall have: 21
(i) A master’s degree in public health and at least 2 years’ work in 22
the field of public health; or 23
(ii) At least 5 years’ work in the field of public health; 24
(2) Shall have any other qualifications and training in the field of public 25
health that the Secretary requires by rule or regulation; and 26
(3) Need not be a physician, if the health officer has a deputy who: 27
(i) Is a physician; and 28
(ii) Meets the qualifications of this subsection. 29
SENATE BILL 548 3
(e) Before taking office, each appointee to the office of health officer shall take the 1
oath required by Article I, § 9 of the Maryland Constitution. 2
[(f) The health officer for a county serves at the pleasure of the governing body of 3
that county and the Secretary.] 4
[(g)] (F) (1) The health officer for a county may be removed from office with 5
the concurrence of the governing body of that county and the Secretary FOR THE 6
FOLLOWING REASONS : 7
(I) IMMORALITY; 8
(II) MISCONDUCT IN OFFICE ; 9
(III) INSUBORDINATION ; 10
(IV) INCOMPETENCY ; OR 11
(V) WILLFUL NEGLECT OF DU TY. 12
(2) (i) Any information concerning the removal of a health officer from 13
office is confidential in accordance with Title 4 of the General Provisions Article. 14
(ii) Any meeting of the governing body of a county or any meeting 15
that includes the Secretary related to the removal of a health officer from office shall be 16
closed. 17
(3) (I) IF THE SECRETARY AND THE GOV ERNING BODY CONCUR O N 18
THE REMOVAL OF A HEA LTH OFFICER, THE SECRETARY SHALL PROVI DE WRITTEN 19
NOTIFICATION TO THE HEALTH OFFICER THAT INCLUDES: 20
1. THE BASIS FOR THE REM OVAL, SUBJECT TO THE 21
REASONS LISTED IN PA RAGRAPH (1) OF THIS SUBSECTION ; 22
2. DOCUMENTATION SUPPORT ING THE REMOVAL ; AND 23
3. NOTICE OF THE OPPORTU NITY TO REQUEST A 24
HEARING WITH THE SECRETARY WITHIN 10 DAYS AFTER RECEIPT O F THE WRITTEN 25
NOTIFICATION AND INF ORMATION ON HOW TO REQUEST THE H EARING. 26
(II) IF THE HEALTH OFFICER REQUESTS A HEARING W ITH THE 27
SECRETARY: 28
1. THE SECRETARY PROMPTLY SH ALL HOLD A HEARING , 29
PROVIDED THAT THE HE ARING MAY NOT BE HEL D WITHIN SOONER THAN 10 DAYS 30 4 SENATE BILL 548
OR LATER THAN 30 DAYS AFTER THE SECRETARY SENDS THE HEAL TH OFFICER A 1
NOTICE OF THE HEARING DATE REMOVAL; AND 2
2. THE HEALTH OFFICER SH ALL HAVE AN OPPORTUN ITY 3
TO BE HEARD PUBLICLY BEFORE THE SECRETARY IN THE HEAL TH OFFICER’S 4
DEFENSE, WHETHER IN PERSON OR BY COUNSEL; AND 5
3. THE SECRETARY SHALL MAKE A FINAL DECISION NOT 6
LATER THAN 10 DAYS AFTER THE DATE OF THE HEARING . 7
(4) (I) A NOT LATER THAN 30 DAYS AFTER THE SECRETARY MAKES 8
A DECISION UNDER PARAGRAPH (3) OF THIS SUBSECTION , A HEALTH OFFICER MAY 9
APPEAL THE DECISION OF THE SECRETARY AT A HEARIN G REQUESTED MADE UNDER 10
PARAGRAPH (3)(II) OF THIS SUBSECTION T O THE OFFICE OF ADMINISTRATIVE 11
HEARINGS REQUEST A HEARING BE FORE THE APPROPRIATE CIRCUIT COURT TO 12
ENSURE THAT THE PROC EEDINGS FOR THE REMO VAL OF THE HEALTH OFFICER 13
WERE CONDUCTED IN AC CORDANCE WITH PARAGR APH (3) OF THIS SUBSECTION NOT 14
LATER THAN 30 DAYS AFTER THE SECRETARY MADE THE DE CISION. 15
(II) A HEALTH OFFICER WHO A PPEALS THE DECISION OF THE 16
SECRETARY UNDER SUBPA RAGRAPH (I) OF THIS PARAGRAPH MA Y NOT CARRY OUT 17
THE DUTIES OF HEALTH OFFICER WHILE THE AP PEAL IS PENDING. 18
Article – State Personnel and Pensions 19
11–305. 20
(a) (1) This section [only] applies ONLY to an employee who is in a position: 21
[(1)] (I) under a special appointment; 22
[(2)] (II) in the management service; or 23
[(3)] (III) in the executive service. 24
(2) THIS SECTION DOES NOT APPLY TO A HEALTH OF FICER 25
APPOINTED UNDER § 3–302 OF THE HEALTH – GENERAL ARTICLE. 26
(b) Each employee subject to this section: 27
(1) serves at the pleasure of the employee’s appointing authority; and 28
(2) may be terminated from employment for any reason that is not illegal 29
or unconstitutional, solely in the discretion of the appointing authority. 30
SENATE BILL 548 5
(c) A management service employee or a special appointment employee 1
designated by the Secretary under § 4–201(c)(2)(i) of this article may not be terminated for 2
the purpose of creating a new position for another individual’s appointment because of that 3
individual’s political affiliation, belief, or opinion. 4
(d) An employee or an employee’s representative may file a written appeal of an 5
employment termination under this section as described under § 11–113 of this title. 6
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
October 1, 2022. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.